The legislative branch—called Congress—is divided into two parts, which are also called houses: the House of Representatives and the Senate.
The House of Representatives is meant to be “the people’s house,” or the part of government most responsive to public opinion. A state’s population determines how many representatives it will have in the House. Every member of the House represents a district within a state, and each district has roughly the same number of people. To make sure that the House accurately mirrors the changing population of the states, the Constitution mandates that a census be taken every ten years. Seats in the House are reapportioned, or reassigned, based on new census data to ensure that each House member represents about the same number of people. All 435 seats in the House go up for election every two years.
The framers envisioned the Senate as a body of rational deliberation and statesmanship, not subject to the changing moods of the general population, which is why senators are elected every six years instead of every two years. Because the Senate was also intended to serve as a check on excessive democracy, only one-third of the Senate is elected at a time. Every state has two seats in the Senate, regardless of population.
Article I, Section 8, of the Constitution outlines the powers of Congress. These specified powers are sometimes called the enumerated powers. The necessary and proper clause— commonly referred to as the elastic clause—also gives Congress the power to do whatever it deems “necessary and proper” to meet its constitutional mandate.
Example: The federal government spends billions of dollars each year on highway construction, which is not specifically mentioned in the Constitution. Congress justifies funding federal highways through the necessary and proper clause: Federal roads improve transportation, which, in turn, facilitates interstate commerce, a power the Constitution does specifically grant to Congress. In other words, funding federal roads is “necessary and proper” to regulate interstate commerce.
The Constitution gives Congress two important powers:
The Senate has some additional powers: It confirms presidential appointments to key federal offices, including federal judgeships. The Senate also ratifies all treaties.
The Constitution also lists prohibited powers, or things Congress may not do, including:
The president heads the executive branch. According to the Constitution, the president has five powers:
The other elected official within the executive branch is the vice president. The vice president has to following responsibilities:
The role of the vice president has evolved over time. Most vice presidents in the past were excluded from policymaking. After World War II, however, most presidents saw the value of including the vice president in discussions on foreign and domestic policy. Recent vice presidents, including Al Gore (1993–2001) and Dick Cheney (2001–2009), have been heavily involved in policymaking.
The Constitution says little about the judicial branch. It names the Supreme Court as the highest court in the land and declares that the head of the court should be the chief justice. But Congress, and not the Constitution, determines the size and structure of the rest of the federal court system.
To become a federal judge, a person must be appointed by the president and approved by the Senate. Once in office, a judge can only be forced to leave if impeached and convicted. Otherwise, federal judges serve life terms.
The courts’ power of judicial review—the power to declare laws and presidential actions unconstitutional—is not actually specified in the Constitution. The Supreme Court gave itself this power in the landmark case Marbury v. Madison (1803).
Example: The courts have exercised their power of judicial review throughout American history. The Supreme Court decision Brown v. Board of Education of Topeka, Kansas (1954), for example, ended segregation in public schools. The Supreme Court made use of judicial review by declaring racial segregation in public facilities unconstitutional.
|The power to make laws The power of the purse||The power to conduct foreign policy The power to command the armed forces The power to appoint federal judges and government officials The power to veto bills from Congress The power to grant pardons and clemency||The Supreme Court is the most powerful court in the United States|
Federalism is a system of government in which the national and state governments share power. The Constitution recognizes state governments and grants them certain powers, making federalism an implicit part of the Constitution.
Example: The national, or federal, government and the state governments share power in a variety of ways. The federal government, for example, has little power in the formation of education policy, leaving each individual state government to set its own education standards. State governments also reflect the political ideologies of their constituents, which is why different states have different laws regarding smoking, capital punishment, euthanasia, gun control, and so on.
Article V of the Constitution explains how Americans can change the Constitution. A change in the Constitution is called an amendment. The framers intentionally made the process of changing the Constitution difficult because they wanted the Constitution to be stable. Although more than 11,000 amendments have been proposed since 1789, only twenty-seven have been approved, or ratified.
Changing the Constitution is a two-step process:
Even though only twenty-seven amendments have been ratified, the Constitution has changed in other ways. For example, Congress has given the president the responsibility of submitting a budget. The president has also entered into executive agreements with foreign leaders without getting prior approval or treaty ratification from the Senate. By far the biggest informal change to the Constitution has been the Supreme Court’s assertion of the power of judicial review.
Many states ratified the Constitution in 1788 and 1789 on the condition that Congress amend it to guarantee certain civil liberties. James Madison drafted these first ten amendments himself, which collectively became known as the Bill of Rights. The Bill of Rights safeguards some specific rights of both the American people and the states. The table on the next page summarizes the twenty-seven amendments to the Constitution.
Date of Ratification
|1st||1791||Grants freedoms of religion, speech, press, petition, and assembly|
|2nd||1791||Grants the right to bear arms|
|3rd||1791||Forbids the quartering of soldiers in citizens’ houses|
|4th||1791||Grants freedom from unreasonable searches and seizures|
|5th||1791||Grants the right against self-incrimination, of trial by jury, and of protection of private property|
|6th||1791||Grants the right to an attorney in any criminal case|
|7th||1791||Grants the right to a trial by jury in civil cases|
|8th||1791||Bans excessive bail and cruel and unusual punishment|
|9th||1791||States that the people’s rights are not limited to those explicitly listed in the Constitution|
|10th||1791||States that the states’ rights are not limited to those explicitly listed in the Constitution|
|11th||1798||Limits the jurisdiction of federal courts|
|12th||1804||Changes the rules for electing the vice president|
|14th||1868||Defines American citizenship|
|15th||1870||Extends the right to vote to all male citizens|
|16th||1913||Allows Congress to levy income taxes|
|17th||1913||Allows people to elect their senators directly|
|18th||1919||Prohibits the manufacture, sale, and transport of liquor|
|19th||1920||Extends the right to vote to all female citizens|
|20th||1933||Changes the start date of presidential and congressional terms; outlines presidential succession|
|22nd||1951||Sets a two-term limit on presidents|
|23rd||1961||Gives Washington, D.C., electoral votes|
|24th||1964||Outlaws poll taxes|
|25th||1967||Changes the order of succession to the presidency|
|26th||1971||Extends the right to vote to all eighteen-year-old citizens|
|27th||1992||Limits congressional pay raises|